Westchester Fire Insurance v. Coverdale
Supreme Court of Kansas
Error from Sumner District Court. On the 6th day of August, 1888, the Westchester Fire Insurance Company, doing business in this state, issued its policy of insurance for $800 on a 2J-story frame building, on lot 5, block 67, in the city of Wellington, owned by W- T. Cover-dale.
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Error from Sumner District Court. On the 6th day of August, 1888, the Westchester Fire Insurance Company, doing business in this state, issued its policy of insurance for $800 on a 2J-story frame building, on lot 5, block 67, in the city of Wellington, owned by W- T. Cover-dale. Attached to the policy, and as a part thereof, was the following written “ mortgage clause,” or stipulation: “ Loss, if any, payable to the Southern Kansas Farm Loan and Investment Company, mortgagee or assigns, as hereinafter provided; it being hereby understood and agreed that this insurance, as to the interest of…
1Opinion of the Court
The opinion of the court was delivered by
Horton, C. J.:
Any error apparent in the final judgment of a district court may be corrected by proceedings in this court, although no exception was taken thereto by the party complaining, and no appearance by him at the trial and judgment, and no motion made to set aside the judgment. This *450case is properly here for the decision of this court. (Woolley v. Van Volkenburgh, 16 Kas. 20; Zane v. Zane, 5 id. 134; Lender v. Caldwell, 4 id. 339; Koehler v. Ball, 2 id. 160.) Section 59 of the civil code provides:
“That the summons shall be directed to the…
2Cases cited6 opinions
- Hastings v. . Westchester Fire Ins. Co.New York Court of Appeals · 1878
- Hartford Fire Insurance v. OlcottIllinois Supreme Court · 1881
- Excelisor F. Ins. Co. v. . R. Ins. Co. of Liverp'l.New York Court of Appeals · 1873
- Frink v. Hampden InsuranceNew York Supreme Court · 1865
- Woolley v. Van VolkenburghSupreme Court of Kansas · 1876
1 more not listed; retrieve them via the Exa API.
3Cited by34 opinions
- Bacot v. Phoenix Insurance Co. of BrooklynMississippi Supreme Court · 1909
- Palmer Savings Bank v. Insurance Co. of North AmericaMassachusetts Supreme Judicial Court · 1896
- Laurenzi v. Atlas Ins.Tennessee Supreme Court · 1915
- Glens Falls Insurance v. PorterSupreme Court of Florida · 1902
- Citizens State Bank v. Shawnee Fire InsuranceSupreme Court of Kansas · 1913
29 more not listed; retrieve them via the Exa API.